Professional Documents
Culture Documents
SUPREME COURT
Manila
EN BANC
G.R. No. 159357
take, is direct appeal under Rule 45 of the Rules of Court, for a conclusive
interpretation of the Constitutional provision to the Supreme Court."7
The Antecedent Proceedings
On January 28, 2003, SJS filed a Petition for Declaratory Relief ("SJS Petition") before the
RTC-Manila against Velarde and his aforesaid co-respondents. SJS, a registered political
party, sought the interpretation of several constitutional provisions,8 specifically on the
separation of church and state; and a declaratory judgment on the constitutionality of the
acts of religious leaders endorsing a candidate for an elective office, or urging or requiring
the members of their flock to vote for a specified candidate.
The subsequent proceedings were recounted in the challenged Decision in these words:
"x x x. Bro. Eddie Villanueva submitted, within the original period [to file an Answer],
a Motion to Dismiss. Subsequently, Executive Minister Erao Manalo and Bro. Mike
Velarde, filed their Motions to Dismiss. While His Eminence Jaime Cardinal L. Sin,
filed a Comment and Bro. Eli Soriano, filed an Answer within the extended period
and similarly prayed for the dismissal of the Petition. All sought the dismissal of the
Petition on the common grounds that it does not state a cause of action and that
there is no justiciable controversy. They were ordered to submit a pleading by way of
advisement, which was closely followed by another Order denying all the Motions to
Dismiss. Bro. Mike Velarde, Bro. Eddie Villanueva and Executive Minister Erao
Manalo moved to reconsider the denial. His Eminence Jaime Cardinal L. Sin, asked
for extension to file memorandum. Only Bro. Eli Soriano complied with the first Order
by submitting his Memorandum. x x x.
"x x x the Court denied the Motions to Dismiss, and the Motions for Reconsideration
filed by Bro. Mike Velarde, Bro. Eddie Villanueva and Executive Minister Erao
Manalo, which raised no new arguments other than those already considered in the
motions to dismiss x x x."9
After narrating the above incidents, the trial court said that it had jurisdiction over the Petition,
because "in praying for a determination as to whether the actions imputed to the
respondents are violative of Article II, Section 6 of the Fundamental Law, [the Petition] has
raised only a question of law."10 It then proceeded to a lengthy discussion of the issue raised
in the Petition the separation of church and state even tracing, to some extent, the
historical background of the principle. Through its discourse, the court a quo opined at some
point that the "[e]ndorsement of specific candidates in an election to any public office is a
clear violation of the separation clause."11
After its essay on the legal issue, however, the trial court failed to include a dispositive
portion in its assailed Decision. Thus, Velarde and Soriano filed separate Motions for
Reconsideration which, as mentioned earlier, were denied by the lower court.
Hence, this Petition for Review.12
This Court, in a Resolution13 dated September 2, 2003, required SJS and the Office of the
Solicitor General (OSG) to submit their respective comments. In the same Resolution, the
Court gave the other parties -- impleaded as respondents in the original case below --the
opportunity to comment, if they so desired.
"Section 1. Who may file petition.- Any person interested under a deed, will, contract
or other written instrument, whose rights are affected by a statute, executive order or
regulation, ordinance, or any other governmental regulation may, before breach or
violation thereof, bring an action in the appropriate Regional Trial Court to determine
any question of construction or validity arising, and for a declaration of his rights or
duties thereunder."
Based on the foregoing, an action for declaratory relief should be filed by a person interested
under a deed, a will, a contract or other written instrument, and whose rights are affected by
a statute, an executive order, a regulation or an ordinance. The purpose of the remedy is to
interpret or to determine the validity of the written instrument and to seek a judicial
declaration of the parties rights or duties thereunder.16 The essential requisites of the action
are as follows: (1) there is a justiciable controversy; (2) the controversy is between persons
whose interests are adverse; (3) the party seeking the relief has a legal interest in the
controversy; and (4) the issue is ripe for judicial determination.17
Justiciable Controversy
Brother Mike Velarde contends that the SJS Petition failed to allege, much less establish
before the trial court, that there existed a justiciable controversy or an adverse legal interest
between them; and that SJS had a legal right that was being violated or threatened to be
violated by petitioner. On the contrary, Velarde alleges that SJS premised its action on mere
speculations, contingent events, and hypothetical issues that had not yet ripened into an
actual controversy. Thus, its Petition for Declaratory Relief must fail.
A justiciable controversy refers to an existing case or controversy that is appropriate or ripe
for judicial determination, not one that is conjectural or merely anticipatory.18 The SJS
Petition for Declaratory Relief fell short of this test. It miserably failed to allege an existing
controversy or dispute between the petitioner and the named respondents therein. Further,
the Petition did not sufficiently state what specific legal right of the petitioner was violated by
the respondents therein; and what particular act or acts of the latter were in breach of its
rights, the law or the Constitution.
As pointed out by Brother Eliseo F. Soriano in his Comment,19 what exactly has he done that
merited the attention of SJS? He confesses that he does not know the answer, because the
SJS Petition (as well as the assailed Decision of the RTC) "yields nothing in this respect."
His Eminence, Jaime Cardinal Sin, adds that, at the time SJS filed its Petition on January 28,
2003, the election season had not even started yet; and that, in any event, he has not been
actively involved in partisan politics.
An initiatory complaint or petition filed with the trial court should contain "a plain, concise and
direct statement of the ultimate facts on which the party pleading relies for his claim x x
x."20 Yet, the SJS Petition stated no ultimate facts.
Indeed, SJS merely speculated or anticipated without factual moorings that, as religious
leaders, the petitioner and his co-respondents below had endorsed or threatened to endorse
a candidate or candidates for elective offices; and that such actual or threatened
endorsement "will enable [them] to elect men to public office who [would] in turn be forever
beholden to their leaders, enabling them to control the government"[;]21 and "pos[ing] a clear
and present danger of serious erosion of the peoples faith in the electoral process[;] and
reinforc[ing] their belief that religious leaders determine the ultimate result of
elections,"22 which would then be violative of the separation clause.
Such premise is highly speculative and merely theoretical, to say the least. Clearly, it does
not suffice to constitute a justiciable controversy. The Petition does not even allege any
indication or manifest intent on the part of any of the respondents below to champion an
electoral candidate, or to urge their so-called flock to vote for, or not to vote for, a particular
candidate. It is a time-honored rule that sheer speculation does not give rise to an actionable
right.
Obviously, there is no factual allegation that SJS rights are being subjected to any
threatened, imminent and inevitable violation that should be prevented by the declaratory
relief sought. The judicial power and duty of the courts to settle actual controversies involving
rights that are legally demandable and enforceable23 cannot be exercised when there is no
actual or threatened violation of a legal right.
All that the 5-page SJS Petition prayed for was "that the question raised in paragraph 9
hereof be resolved."24 In other words, it merely sought an opinion of the trial court on whether
the speculated acts of religious leaders endorsing elective candidates for political offices
violated the constitutional principle on the separation of church and state. SJS did not ask for
a declaration of its rights and duties; neither did it pray for the stoppage of any threatened
violation of its declared rights. Courts, however, are proscribed from rendering an advisory
opinion.25
Cause of Action
Respondent SJS asserts that in order to maintain a petition for declaratory relief, a cause of
action need not be alleged or proven. Supposedly, for such petition to prosper, there need
not be any violation of a right, breach of duty or actual wrong committed by one party against
the other.
Petitioner, on the other hand, argues that the subject matter of an action for declaratory relief
should be a deed, a will, a contract (or other written instrument), a statute, an executive
order, a regulation or an ordinance. But the subject matter of the SJS Petition is "the
constitutionality of an act of a religious leader to endorse the candidacy of a candidate for
elective office or to urge or require the members of the flock to vote for a specified
candidate."26According to petitioner, this subject matter is "beyond the realm of an action for
declaratory relief."27 Petitioner avers that in the absence of a valid subject matter, the Petition
fails to state a cause of action and, hence, should have been dismissed outright by the
court a quo.
A cause of action is an act or an omission of one party in violation of the legal right or rights
of another, causing injury to the latter.28 Its essential elements are the following: (1) a right in
favor of the plaintiff; (2) an obligation on the part of the named defendant to respect or not to
violate such right; and (3) such defendants act or omission that is violative of the right of the
plaintiff or constituting a breach of the obligation of the former to the latter.29
The failure of a complaint to state a cause of action is a ground for its outright
dismissal.30 However, in special civil actions for declaratory relief, the concept of a cause of
action under ordinary civil actions does not strictly apply. The reason for this exception is that
an action for declaratory relief presupposes that there has been no actual breach of the
instruments involved or of rights arising thereunder.31 Nevertheless, a breach or violation
should be impending, imminent or at least threatened.
A perusal of the Petition filed by SJS before the RTC discloses no explicit allegation that the
former had any legal right in its favor that it sought to protect. We can only infer the interest,
supposedly in its favor, from its bare allegation that it "has thousands of members who are
citizens-taxpayers-registered voters and who are keenly interested in a judicial clarification of
the constitutionality of the partisan participation of religious leaders in Philippine politics and
in the process to insure adherence to the Constitution by everyone x x x."32
Such general averment does not, however, suffice to constitute a legal right or interest. Not
only is the presumed interest not personal in character; it is likewise too vague, highly
speculative and uncertain.33 The Rules require that the interest must be material to the issue
and affected by the questioned act or instrument, as distinguished from simple curiosity or
incidental interest in the question raised.34
To bolster its stance, SJS cites the Corpus Juris Secundum and submits that the "[p]laintiff in
a declaratory judgment action does not seek to enforce a claim against [the] defendant, but
seeks a judicial declaration of [the] rights of the parties for the purpose of guiding [their]
future conduct, and the essential distinction between a declaratory judgment action and the
usual action is that no actual wrong need have been committed or loss have occurred in
order to sustain the declaratory judgment action, although there must be no uncertainty that
the loss will occur or that the asserted rights will be invaded."35
SJS has, however, ignored the crucial point of its own reference that there must be no
uncertainty that the loss will occur or that the asserted rights will be invaded. Precisely, as
discussed earlier, it merely conjectures that herein petitioner (and his co-respondents
below) might actively participate in partisan politics, use "the awesome voting strength of its
faithful flock [to] enable it to elect men to public office x x x, enabling [it] to control the
government."36
During the Oral Argument, though, Petitioner Velarde and his co-respondents below all
strongly asserted that they had not in any way engaged or intended to participate in partisan
politics. They all firmly assured this Court that they had not done anything to trigger the issue
raised and to entitle SJS to the relief sought.
Indeed, the Court finds in the Petition for Declaratory Relief no single allegation of fact upon
which SJS could base a right of relief from the named respondents. In any event, even
granting that it sufficiently asserted a legal right it sought to protect, there was
nevertheless no certainty that such right would be invaded by the said respondents. Not
even the alleged proximity of the elections to the time the Petition was filed below (January
28, 2003) would have provided the certainty that it had a legal right that would be
jeopardized or violated by any of those respondents.
Legal Standing
Legal standing or locus standi has been defined as a personal and substantial interest in the
case, such that the party has sustained or will sustain direct injury as a result of the
challenged act.37 Interest means a material interest in issue that is affected by the questioned
act or instrument, as distinguished from a mere incidental interest in the question involved.38
Petitioner alleges that "[i]n seeking declaratory relief as to the constitutionality of an act of a
religious leader to endorse, or require the members of the religious flock to vote for a specific
candidate, herein Respondent SJS has no legal interest in the controversy";39 it has failed to
establish how the resolution of the proffered question would benefit or injure it.
Parties bringing suits challenging the constitutionality of a law, an act or a statute must show
"not only that the law [or act] is invalid, but also that [they have] sustained or [are] in
immediate or imminent danger of sustaining some direct injury as a result of its enforcement,
and not merely that [they] suffer thereby in some indefinite way."40 They must demonstrate
that they have been, or are about to be, denied some right or privilege to which they are
lawfully entitled, or that they are about to be subjected to some burdens or penalties by
reason of the statute or act complained of.41
First, parties suing as taxpayers must specifically prove that they have sufficient interest in
preventing the illegal expenditure of money raised by taxation.42 A taxpayers action may be
properly brought only when there is an exercise by Congress of its taxing or spending
power.43 In the present case, there is no allegation, whether express or implied, that
taxpayers money is being illegally disbursed.
Second, there was no showing in the Petition for Declaratory Relief that SJS as a political
party or its members as registered voters would be adversely affected by the alleged acts of
the respondents below, if the question at issue was not resolved. There was no allegation
that SJS had suffered or would be deprived of votes due to the acts imputed to the said
respondents. Neither did it allege that any of its members would be denied the right of
suffrage or the privilege to be voted for a public office they are seeking.
Finally, the allegedly keen interest of its "thousands of members who are citizens-taxpayersregistered voters" is too general44 and beyond the contemplation of the standards set by our
jurisprudence. Not only is the presumed interest impersonal in character; it is likewise too
vague, highly speculative and uncertain to satisfy the requirement of standing.45
Transcendental Importance
In any event, SJS urges the Court to take cognizance of the Petition, even sans legal
standing, considering that "the issues raised are of paramount public interest."
In not a few cases, the Court has liberalized the locus standi requirement when a petition
raises an issue of transcendental significance or paramount importance to the
people.46 Recently, after holding that the IBP had nolocus standi to bring the suit, the Court
in IBP v. Zamora47 nevertheless entertained the Petition therein. It noted that "the IBP has
advanced constitutional issues which deserve the attention of this Court in view of their
seriousness, novelty and weight as precedents."48
Similarly in the instant case, the Court deemed the constitutional issue raised in the SJS
Petition to be of paramount interest to the Filipino people. The issue did not simply concern a
delineation of the separation between church and state, but ran smack into the governance
of our country. The issue was both transcendental in importance and novel in nature, since it
had never been decided before.
The Court, thus, called for Oral Argument to determine with certainty whether it could resolve
the constitutional issue despite the barren allegations in the SJS Petition as well as the
abbreviated proceedings in the court below. Much to its chagrin, however, counsels for the
parties -- particularly for Respondent SJS -- made no satisfactory allegations or clarifications
that would supply the deficiencies hereinabove discussed. Hence, even if the Court would
exempt this case from the stringent locus standi requirement, such heroic effort would be
futile because the transcendental issue cannot be resolved anyway.
After the last pleading has been served and filed, the case shall be set for pretrial,68 which is
a mandatory proceeding.69 A plaintiffs/ petitioners (or its duly authorized representatives)
non-appearance at the pretrial, if without valid cause, shall result in the dismissal of the
action with prejudice, unless the court orders otherwise. A similar failure on the part of the
defendant shall be a cause for allowing the plaintiff/petitioner to present evidence ex parte,
and the court to render judgment on the basis thereof.70
The parties are required to file their pretrial briefs; failure to do so shall have the same effect
as failure to appear at the pretrial.71 Upon the termination thereof, the court shall issue an
order reciting in detail the matters taken up at the conference; the action taken on them, the
amendments allowed to the pleadings; and the agreements or admissions, if any, made by
the parties regarding any of the matters considered.72 The parties may further avail
themselves of any of the modes of discovery,73 if they so wish.
Thereafter, the case shall be set for trial,74 in which the parties shall adduce their respective
evidence in support of their claims and/or defenses. By their written consent or upon the
application of either party, or on its own motion, the court may also order any or all of the
issues to be referred to a commissioner, who is to be appointed by it or to be agreed upon by
the parties.75 The trial or hearing before the commissioner shall proceed in all respects as it
would if held before the court.76
Upon the completion of such proceedings, the commissioner shall file with the court a written
report on the matters referred by the parties.77 The report shall be set for hearing, after which
the court shall issue an order adopting, modifying or rejecting it in whole or in part; or
recommitting it with instructions; or requiring the parties to present further evidence before
the commissioner or the court.78
Finally, a judgment or final order determining the merits of the case shall be rendered. The
decision shall be in writing, personally and directly prepared by the judge, stating clearly and
distinctly the facts and the law on which it is based, signed by the issuing magistrate, and
filed with the clerk of court.79
Based on these elementary guidelines, let us examine the proceedings before the trial court
in the instant case.
First, with respect to the initiatory pleading of the SJS. Even a cursory perusal of the Petition
immediately reveals its gross inadequacy. It contained no statement of ultimate facts upon
which the petitioner relied for its claim. Furthermore, it did not specify the relief it sought from
the court, but merely asked it to answer a hypothetical question.
Relief, as contemplated in a legal action, refers to a specific coercive measure prayed for as
a result of a violation of the rights of a plaintiff or a petitioner.80 As already discussed earlier,
the Petition before the trial court had no allegations of fact81 or of any specific violation of the
petitioners rights, which the respondents had a duty to respect. Such deficiency amounted to
a failure to state a cause of action; hence, no coercive relief could be sought and
adjudicated. The Petition evidently lacked substantive requirements and, we repeat, should
have been dismissed at the outset.
Second, with respect to the trial court proceedings. Within the period set to file their
respective answers to the SJS Petition, Velarde, Villanueva and Manalo filed Motions to
Dismiss; Cardinal Sin, a Comment; and Soriano, within a priorly granted extended period, an
Answer in which he likewise prayed for the dismissal of the Petition.82 SJS filed a Rejoinder
to the Motion of Velarde, who subsequently filed a Sur-Rejoinder. Supposedly, there were
"several scheduled settings, in which the "[c]ourt was apprised of the respective positions of
the parties."83 The nature of such settings -- whether pretrial or trial hearings -- was not
disclosed in the records. Before ruling on the Motions to Dismiss, the trial court issued an
Order84 dated May 8, 2003, directing the parties to submit their memoranda. Issued shortly
thereafter was another Order85 dated May 14, 2003, denying all the Motions to Dismiss.
In the latter Order, the trial court perfunctorily ruled:
"The Court now resolves to deny the Motions to Dismiss, and after all the
memoranda are submitted, then, the case shall be deemed as submitted for
resolution."86
Apparently, contrary to the requirement of Section 2 of Rule 16 of the Rules of Court, the
Motions were not heard. Worse, the Order purportedly resolving the Motions to Dismiss did
not state any reason at all for their denial, in contravention of Section 3 of the said Rule 16.
There was not even any statement of the grounds relied upon by the Motions; much less, of
the legal findings and conclusions of the trial court.
Thus, Velarde, Villanueva and Manalo moved for reconsideration. Pending the resolution of
these Motions for Reconsideration, Villanueva filed a Motion to suspend the filing of the
parties memoranda. But instead of separately resolving the pending Motions fairly and
squarely, the trial court again transgressed the Rules of Court when it immediately
proceeded to issue its Decision, even before tackling the issues raised in those Motions.
Furthermore, the RTC issued its "Decision" without allowing the parties to file their answers.
For this reason, there was no joinder of the issues. If only it had allowed the filing of those
answers, the trial court would have known, as the Oral Argument revealed, that the petitioner
and his co-respondents below had not committed or threatened to commit the act attributed
to them (endorsing candidates) -- the act that was supposedly the factual basis of the suit.
Parenthetically, the court a quo further failed to give a notice of the Petition to the OSG,
which was entitled to be heard upon questions involving the constitutionality or validity of
statutes and other measures.87
Moreover, as will be discussed in more detail, the questioned Decision of the trial court was
utterly wanting in the requirements prescribed by the Constitution and the Rules of Court.
All in all, during the loosely abbreviated proceedings of the case, the trial court indeed acted
with inexplicable haste, with total ignorance of the law -- or, worse, in cavalier disregard of
the rules of procedure -- and with grave abuse of discretion.
Contrary to the contentions of the trial judge and of SJS, proceedings for declaratory relief
must still follow the process described above -- the petition must state a cause of action; the
proceedings must undergo the procedure outlined in the Rules of Court; and the decision
must adhere to constitutional and legal requirements.
First Substantive Issue:
Fundamental Requirements of a Decision
The Constitution commands that "[n]o decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and the law on which it is based. No
petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without stating the basis therefor."88
Consistent with this constitutional mandate, Section 1 of Rule 36 of the Rules on Civil
Procedure similarly provides:
"Sec. 1. Rendition of judgments and final orders. A judgment or final order
determining the merits of the case shall be in writing personally and directly prepared
by the judge, stating clearly and distinctly the facts and the law on which it is based,
signed by him and filed with the clerk of court."
In the same vein, Section 2 of Rule 120 of the Rules of Court on Criminal Procedure reads
as follows:
"Sec. 2. Form and contents of judgments. -- The judgment must be written in the
official language, personally and directly prepared by the judge and signed by him
and shall contain clearly and distinctly a statement of the facts proved or admitted by
the accused and the law upon which the judgment is based.
"x x x
xxx
x x x."
Pursuant to the Constitution, this Court also issued on January 28, 1988, Administrative
Circular No. 1, prompting all judges "to make complete findings of facts in their decisions,
and scrutinize closely the legal aspects of the case in the light of the evidence presented.
They should avoid the tendency to generalize and form conclusions without detailing the
facts from which such conclusions are deduced."
In many cases,89 this Court has time and time again reminded "magistrates to heed the
demand of Section 14, Article VIII of the Constitution." The Court, through Chief Justice
Hilario G. Davide Jr. in Yao v. Court of Appeals,90discussed at length the implications of this
provision and strongly exhorted thus:
"Faithful adherence to the requirements of Section 14, Article VIII of the Constitution is
indisputably a paramount component of due process and fair play. It is likewise demanded
by the due process clause of the Constitution. The parties to a litigation should be informed
of how it was decided, with an explanation of the factual and legal reasons that led to the
conclusions of the court. The court cannot simply say that judgment is rendered in favor of X
and against Y and just leave it at that without any justification whatsoever for its action. The
losing party is entitled to know why he lost, so he may appeal to the higher court, if
permitted, should he believe that the decision should be reversed. A decision that does not
clearly and distinctly state the facts and the law on which it is based leaves the parties in the
dark as to how it was reached and is precisely prejudicial to the losing party, who is unable to
pinpoint the possible errors of the court for review by a higher tribunal. More than that, the
requirement is an assurance to the parties that, in reaching judgment, the judge did so
through the processes of legal reasoning. It is, thus, a safeguard against the impetuosity of
the judge, preventing him from deciding ipse dixit. Vouchsafed neither the sword nor the
purse by the Constitution but nonetheless vested with the sovereign prerogative of passing
judgment on the life, liberty or property of his fellowmen, the judge must ultimately depend on
the power of reason for sustained public confidence in the justness of his decision."
trial court grant or deny? What rights of the parties did it conclusively declare? Its final
statement says, "SO ORDERED." But what exactly did the court order? It had the temerity to
label its issuance a "Decision," when nothing was in fact decided.
Respondent SJS insists that the dispositive portion can be found in the body of the assailed
Decision. It claims that the issue is disposed of and the Petition finally resolved by the
statement of the trial court found on page 10 of its 14-page Decision, which reads:
"Endorsement of specific candidates in an election to any public office is a clear violation of
the separation clause."95
We cannot agree.
In Magdalena Estate, Inc. v. Caluag,96 the obligation of the party imposed by the Court was
allegedly contained in the text of the original Decision. The Court, however, held:
"x x x The quoted finding of the lower court cannot supply deficiencies in the
dispositive portion. It is a mere opinion of the court and the rule is settled that where
there is a conflict between the dispositive part and the opinion, the former must
prevail over the latter on the theory that the dispositive portion is the final order while
the opinion is merely a statement ordering nothing." (Italics in the original)
Thus, the dispositive portion cannot be deemed to be the statement quoted by SJS and
embedded in the last paragraph of page 10 of the assailed 14-page Decision. If at all, that
statement is merely an answer to a hypothetical legal question and just a part of the opinion
of the trial court. It does not conclusively declare the rights (or obligations) of the parties to
the Petition. Neither does it grant any -- much less, the proper -- relief under the
circumstances, as required of a dispositive portion.
Failure to comply with the constitutional injunction is a grave abuse of discretion amounting
to lack or excess of jurisdiction. Decisions or orders issued in careless disregard of the
constitutional mandate are a patent nullity and must be struck down as void.97
Parts of a Decision
In general, the essential parts of a good decision consist of the following: (1) statement of the
case; (2) statement of facts; (3) issues or assignment of errors; (4) court ruling, in which each
issue is, as a rule, separately considered and resolved; and, finally, (5) dispositive portion.
The ponente may also opt to include an introduction or a prologue as well as an epilogue,
especially in cases in which controversial or novel issues are involved.98
An introduction may consist of a concise but comprehensive statement of the principal
factual or legal issue/s of the case. In some cases -- particularly those concerning public
interest; or involving complicated commercial, scientific, technical or otherwise rare subject
matters -- a longer introduction or prologue may serve to acquaint readers with the specific
nature of the controversy and the issues involved. An epilogue may be a summation of the
important principles applied to the resolution of the issues of paramount public interest or
significance. It may also lay down an enduring philosophy of law or guiding principle.
Let us now, again for the guidance of the bench and the bar, discuss the essential parts of a
good decision.
On appeal, the fact that the assailed decision of the lower court fully, intelligently and
correctly resolved all factual and legal issues involved may partly explain why the reviewing
court finds no reason to reverse the findings and conclusions of the former. Conversely, the
lower courts patent misappreciation of the facts or misapplication of the law would aid in a
better understanding of why its ruling is reversed or modified.
In appealed civil cases, the opposing sets of facts no longer need to be presented. Issues for
resolution usually involve questions of law, grave abuse of discretion, or want of jurisdiction;
hence, the facts of the case are often undisputed by the parties. With few exceptions, factual
issues are not entertained in non-criminal cases. Consequently, the narration of facts by the
lower court, if exhaustive and clear, may be reproduced; otherwise, the material factual
antecedents should be restated in the words of the reviewing magistrate.
In addition, the reasoning of the lower court or body whose decision is under review should
be laid out, in order that the parties may clearly understand why the lower court ruled in a
certain way, and why the reviewing court either finds no reason to reverse it or concludes
otherwise.
3. Issues or Assignment of Errors
Both factual and legal issues should be stated. On appeal, the assignment of errors, as
mentioned in the appellants brief, may be reproduced in toto and tackled seriatim, so as to
avoid motions for reconsideration of the final decision on the ground that the court failed to
consider all assigned errors that could affect the outcome of the case. But when the
appellant presents repetitive issues or when the assigned errors do not strike at the main
issue, these may be restated in clearer and more coherent terms.
Though not specifically questioned by the parties, additional issues may also be included, if
deemed important for substantial justice to be rendered. Note that appealed criminal cases
are given de novo review, in contrast to noncriminal cases in which the reviewing court is
generally limited to issues specifically raised in the appeal. The few exceptions are errors of
jurisdiction; questions not raised but necessary in arriving at a just decision on the case; or
unassigned errors that are closely related to those properly assigned, or upon which
depends the determination of the question properly raised.
4. The Courts Ruling
This part contains a full discussion of the specific errors or issues raised in the complaint,
petition or appeal, as the case may be; as well as of other issues the court deems essential
to a just disposition of the case. Where there are several issues, each one of them should be
separately addressed, as much as practicable. The respective contentions of the parties
should also be mentioned here. When procedural questions are raised in addition to
substantive ones, it is better to resolve the former preliminarily.
5. The Disposition or Dispositive Portion
In a criminal case, the disposition should include a finding of innocence or guilt, the specific
crime committed, the penalty imposed, the participation of the accused, the modifying
circumstances if any, and the civil liability and costs. In case an acquittal is decreed, the
court must order the immediate release of the accused, if detained, (unless they are being
held for another cause) and order the director of the Bureau of Corrections (or wherever the
accused is detained) to report, within a maximum of ten (10) days from notice, the exact date
when the accused were set free.
In a civil case as well as in a special civil action, the disposition should state whether the
complaint or petition is granted or denied, the specific relief granted, and the costs. The
following test of completeness may be applied.First, the parties should know their rights and
obligations. Second, they should know how to execute the decision under alternative
contingencies. Third, there should be no need for further proceedings to dispose of the
issues.Fourth, the case should be terminated by according the proper relief. The "proper
relief" usually depends upon what the parties seek in their pleadings. It may declare their
rights and duties, command the performance of positive prestations, or order them to abstain
from specific acts. The disposition must also adjudicate costs.
The foregoing parts need not always be discussed in sequence. But they should all be
present and plainly identifiable in the decision. Depending on the writers character, genre
and style, the language should be fresh and free-flowing, not necessarily stereotyped or in a
fixed form; much less highfalutin, hackneyed and pretentious. At all times, however, the
decision must be clear, concise, complete and correct.
Second Substantive Issue:
Religious Leaders Endorsement
of Candidates for Public Office
The basic question posed in the SJS Petition -- WHETHER ENDORSEMENTS OF
CANDIDACIES BY RELIGIOUS LEADERS IS UNCONSTITUTIONAL -- undoubtedly
deserves serious consideration. As stated earlier, the Court deems this constitutional issue
to be of paramount interest to the Filipino citizenry, for it concerns the governance of our
country and its people. Thus, despite the obvious procedural transgressions by both SJS and
the trial court, this Court still called for Oral Argument, so as not to leave any doubt that there
might be room to entertain and dispose of the SJS Petition on the merits.
Counsel for SJS has utterly failed, however, to convince the Court that there are enough
factual and legal bases to resolve the paramount issue. On the other hand, the Office of the
Solicitor General has sided with petitioner insofar as there are no facts supporting the SJS
Petition and the assailed Decision.
We reiterate that the said Petition failed to state directly the ultimate facts that it relied upon
for its claim. During the Oral Argument, counsel for SJS candidly admitted that there were no
factual allegations in its Petition for Declaratory Relief. Neither were there factual findings in
the assailed Decision. At best, SJS merely asked the trial court to answer a hypothetical
question. In effect, it merely sought an advisory opinion, the rendition of which was beyond
the courts constitutional mandate and jurisdiction.99
Indeed, the assailed Decision was rendered in clear violation of the Constitution, because it
made no findings of facts and final disposition. Hence, it is void and deemed legally
inexistent. Consequently, there is nothing for this Court to review, affirm, reverse or even just
modify.
Regrettably, it is not legally possible for the Court to take up, on the merits, the paramount
question involving a constitutional principle. It is a time-honored rule that "the constitutionality
of a statute [or act] will be passed upon only if, and to the extent that, it is directly and
necessarily involved in a justiciable controversy and is essential to the protection of the rights
of the parties concerned."100
WHEREFORE, the Petition for Review of Brother Mike Velarde is GRANTED. The assailed
June 12, 2003 Decision and July 29, 2003 Order of the Regional Trial Court of Manila
(Branch 49) are hereby DECLARED NULL AND VOID and thus SET ASIDE. The SJS
Petition for Declaratory Relief is DISMISSED for failure to state a cause of action.
Let a copy of this Decision be furnished the Office of the Court Administrator to evaluate and
recommend whether the trial judge may, after observing due process, be held
administratively liable for rendering a decision violative of the Constitution, the Rules of Court
and relevant circulars of this Court. No costs.
SO ORDERED.
Davide, Jr., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio,
Austria-Marti